13-3881. Arrest; how made; force and restraint A. An arrest is made by an actual restraint of the person to be arrested, or by his submission to the custody of the person making the arrest. B. No unnecessary or unreasonable force shall be used in making an arrest, and the person arrested shall not be […]
13-3882. Time of making arrest An arrest may be made on any day and at any time of the day or night.
13-3883. Arrest by officer without warrant A. A peace officer, without a warrant, may arrest a person if the officer has probable cause to believe: 1. A felony has been committed and probable cause to believe the person to be arrested has committed the felony. 2. A misdemeanor has been committed in the officer’s presence […]
13-3884. Arrest by private person A private person may make an arrest: 1. When the person to be arrested has in his presence committed a misdemeanor amounting to a breach of the peace, or a felony. 2. When a felony has been in fact committed and he has reasonable ground to believe that the person […]
13-3885. Arrest of principal by surety; prohibited conduct; violation; classification; definitions A. For the purpose of surrendering the defendant, a surety on the bail bond of a defendant may arrest the defendant before the forfeiture of the undertaking or, by written authority attached to a certified copy of the undertaking, may empower a bail recovery […]
13-3886. Arrest by telephone or telegram; filing copy of warrant A. Any magistrate may, by an endorsement under his hand upon a warrant of arrest, authorize the service of the warrant by telegraph or telephone, and thereafter a telegraphic or telephonic copy of such warrant may be sent by telegraph or telephone to one or […]
13-3887. Method of arrest by officer by virtue of warrant When making an arrest by virtue of a warrant the officer shall inform the person to be arrested of the cause of the arrest and of the fact that a warrant has been issued for his arrest, except when he flees or forcibly resists before […]
13-3888. Method of arrest by officer without warrant When making an arrest without a warrant, the officer shall inform the person to be arrested of his authority and the cause of the arrest, unless the person to be arrested is then engaged in the commission of an offense, or is pursued immediately after its commission […]
13-3889. Method of arrest by private person A private person when making an arrest shall inform the person to be arrested of the intention to arrest him and the cause of the arrest, unless he is then engaged in the commission of an offense, or is pursued immediately after its commission or after an escape, […]
13-3890. Fingerprinting at time of arrest; order for fingerprints; retention A. A person who is arrested for an offense listed in section 41-1750, subsection C shall be fingerprinted in legible form by the arresting authority or the custodial agency. B. The court shall order an arrested person to appear at a designated time and place […]
13-3891. Right of officer to break into building An officer, in order to make an arrest either by virtue of a warrant, or when authorized to make such arrest for a felony without a warrant, as provided in section 13-3883, may break open a door or window of any building in which the person to […]
13-3892. Right of private person to break into building A private person, in order to make an arrest where a felony was committed in his presence, as authorized in section 13-3884, may break open a door or window of any building in which the person to be arrested is or is reasonably believed to be, […]
13-3893. Right to break door or window to effect release When an officer or private person has entered a building in accordance with the provisions of section 13-3891 or 13-3892, he may break open a door or window of the building, if detained therein, when necessary for the purpose of liberating himself.
13-3894. Right to break into building in order to effect release of person making arrest detained therein A peace officer or a private person may break open a door or window of any building when necessary for the purpose of liberating a person who entered the building in accordance with the provisions of section 13-3891 […]
13-3895. Weapons to be taken from person arrested Any person making a lawful arrest may take from the person arrested all weapons which he may have about his person and shall deliver them to the magistrate before whom he is taken.
13-3896. Arrest after escape or rescue; method of recapture A. If a person lawfully arrested escapes or is rescued, the person from whose custody he escaped or was rescued may immediately pursue and retake him without a warrant at any time and in any place within the state. B. To retake the person escaping or […]
13-3897. Duty of officer after arresting with warrant When the arrest by virtue of a warrant occurs in the county where the alleged offense was committed and where the warrant was issued, the officer making the arrest shall without unnecessary delay take the person arrested before the magistrate who issued the warrant or, if that […]
13-3898. Arrest without warrant; magistrate; complaint A. A person who is arrested without a warrant shall without unnecessary delay be taken before the nearest or most accessible magistrate in the county in which the arrest occurs or, if the offense that the person is being arrested for was committed in another county, before either the […]
13-3899. Complaint need not be verified A. Complaints stating misdemeanor charges laid before a magistrate under the provisions of section 13-3898, or filed with the magistrate under the provisions of section 13-3903 need not be sworn to if they contain a form of certification by the arresting officer in substance as follows: " I hereby […]
13-3900. Duty of private person after making arrest A private person who has made an arrest shall without unnecessary delay take the person arrested before the nearest or most accessible magistrate in the county in which the arrest was made or deliver the person arrested to a peace officer, who shall without unnecessary delay take […]
